What was the outcome of Tenancy Tribunal case 4909079?

The tribunal order states: Daisy Pulemagafa and Moga Pulemagafa to pay Property Brokers Limited As

How much money was awarded in case 4909079?

Filing Fee: $20.44 awarded to landlord; Other: $40.88 awarded to landlord; Property Damage: $750.00 awarded to landlord; Rent Arrears: $1,260.00 awarded to landlord

What type of tenancy dispute was case 4909079?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4909079?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11072242-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4909079?

The tribunal order states: Daisy Pulemagafa and Moga Pulemagafa to pay Property Brokers Limited As

How much money was awarded in case 4909079?

Filing Fee: $20.44 awarded to landlord; Other: $40.88 awarded to landlord; Property Damage: $750.00 awarded to landlord; Rent Arrears: $1,260.00 awarded to landlord

What type of tenancy dispute was case 4909079?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4909079?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11072242-Tenancy_Tribunal_Order.pdf.

4 MacDonald Heights, Feilding, Feilding 4702 Tenancy Tribunal Case 4909079 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4909079 — net $2,071.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 June 2024	$1,260.00	Rent arrears to 6 June 2024
Repairs to walls	$750.00	Repairs to walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Other	$40.88	Other
Net award	$2,071.32
Total payable by Tenant to Landlord	$2,071.32

Daisy Pulemagafa and Moga Pulemagafa to pay Property Brokers Limited As Agent For Dion Whitehead $2,071.32 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $2,071.32 (6165208-018) to Property Brokers Limited As Agent For Dion Whitehead immediately. The Bond Centre is to pay the bond of $48.68 (6165208-018) to Daisy Pulemagafa and Moga Pulemagafa immediately.

Reasons

The landlord attended the hearing which was held by teleconference. The tenants did not answer either of the calls made to them at the scheduled time on the number provided to the Tribunal.

Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenants’ absence.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 6 June 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy is $1,260.00.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

Reasonably clean and tidy is not the same standard as a premises being ready to be re-tenanted; landlords may choose to do a more thorough clean between tenancies.

The landlord claimed that at the end of the tenancy the premises was not left reasonably clean and tidy.

The landlord provided oral evidence and photographs which show that the areas around one of the toilets and one of the showers needed further cleaning. The landlord also stated that the kitchen and windowsills were not sufficiently clean.

Having seen the photographs I am not persuaded that over all the premises was not left reasonably clean and tidy.

This claim is not proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.

The landlord provided an invoice for $1,150.00, photographs and oral evidence regarding damage to walls that meant the walls needed to be patched and repainted. The damage was in the lounge, the hallway and one of the bedrooms, and included damage caused by adhesive hooks being removed, and other knocks and scrapes.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.

The amounts ordered are proved.

Because Property Brokers Limited As Agent For Dion Whitehead has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 4909079 — net $2,071.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 6 June 2024	$1,260.00	Rent arrears to 6 June 2024
Repairs to walls	$750.00	Repairs to walls
Filing fee reimbursement	$20.44	Filing fee reimbursement
Other	$40.88	Other
Net award	$2,071.32
Total payable by Tenant to Landlord	$2,071.32

Order

Daisy Pulemagafa and Moga Pulemagafa to pay Property Brokers Limited As Agent For Dion Whitehead $2,071.32 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,071.32 (6165208-018) to Property Brokers Limited As Agent For Dion Whitehead immediately. The Bond Centre is to pay the bond of $48.68 (6165208-018) to Daisy Pulemagafa and Moga Pulemagafa immediately.

Reasons

The landlord attended the hearing which was held by teleconference. The tenants did not answer either of the calls made to them at the scheduled time on the number provided to the Tribunal.
Because I am satisfied the tenant has been served notice of the hearing in accordance with the Residential Tenancies Act, 1986 and the tenant has not requested an adjournment, the hearing was conducted in the tenants’ absence.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 6 June 2024. The landlord provided rent records which prove the amount owing at the end of the tenancy is $1,260.00.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
Reasonably clean and tidy is not the same standard as a premises being ready to be re-tenanted; landlords may choose to do a more thorough clean between tenancies.
The landlord claimed that at the end of the tenancy the premises was not left reasonably clean and tidy.
The landlord provided oral evidence and photographs which show that the areas around one of the toilets and one of the showers needed further cleaning. The landlord also stated that the kitchen and windowsills were not sufficiently clean.
Having seen the photographs I am not persuaded that over all the premises was not left reasonably clean and tidy.
This claim is not proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
The landlord provided an invoice for $1,150.00, photographs and oral evidence regarding damage to walls that meant the walls needed to be patched and repainted. The damage was in the lounge, the hallway and one of the bedrooms, and included damage caused by adhesive hooks being removed, and other knocks and scrapes.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan.
The amounts ordered are proved.
Because Property Brokers Limited As Agent For Dion Whitehead has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 4909079 — Rent arrears at 4 MacDonald Heights, Feilding, Feilding 4702

At a glance

Tenancy Tribunal case 4909079 — Rent arrears at 4 MacDonald Heights, Feilding, Feilding 4702

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions